The following are samples of
common uses for the waiver/consent form. You may need to make changes, or
include different language, if called for in your situation.
Application\Petition for
Probate
Intestate (Without a Will)
I, _ (Name) __, being interested
in the estate as __ (Spouse, Child, etc.)__, acknowledge receipt of a copy of
the application\petition requesting the appointment of __ (Name) __ as Personal
Representative of the Estate, (1) and consent to the granting of the petition
and waive notice of hearing.
Testate (With a Will)
I, __ (Name) __, being interested
in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of
the will of the Deceased dated______(2), a copy of the application\petition of
__(Name)__ requesting admission of the instrument to probate and for the appointment of __(Name)__ as Personal Representative of the estate and that the
heirs of the estate be determined,(1) and waive notice of hearing.
Accountings
I, __ (Name) __, being interested
in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of
the __
(First, Second and Final, etc.)__ Account of __ (Name) __, Fiduciary of
the estate, and the petition to allow the account (1), including Fiduciary fees
of $_____ and Attorney fees of $______. I consent to the allowance of the
account and granting of the petition, and waive notice of hearing.
(Note: If final account
in a deceased estate, add: I further consent to the schedule of distributions
and to the discharge/termination of the Personal Representative and waive
notice of hearing.)
Approval of Sale or Mortgage of Real Estate
I, __ (Name) __, being interested
in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of
the petition for Sale/Mortgage of Real Estate, and consent to the granting of
the petition and waive notice of hearing (1).
Guardianship/Conservatorship
I, __ (Name) __, being interested
in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of
the petition requesting the appointment of __ (Name) __ as Guardian/Conservator
of the Person/Estate of __ (Name) __, consent to the granting of the petition
and waive notice of hearing.
(1) Include any additional matters requested in the petition.
(2) Include and identify any codicils in the same manner.
If you have questions please contact an attorney.
Rev. 5\12
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